HomeMy WebLinkAbout1992-12-23 P&Z MinutesRENAI PLANNING & ZONING COMMISSION
December 23, 1992 - 7:00 P.M.
City Hall Council Chambers
Chairman Art Graveley
AGENDA
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES - December 9, 1992
4. PERSONB PRESENT SCHEDULED TO BE HEARD
5. PUBLIC HEARINGS
a. Resolution PZ 92-34: Carr's Sign Variance
b. Resolution PZ 92-38: Oiler's Variance
c. Resolution PZ 92-39: Gensel Conditional Use Permit
6. PLANNING
a. Resolution PZ 92-36 - Ikaika S/D Preliminary Plat
b. Resolution PZ 92-40 - Oilers Addition
c. Resolution PZ 92-41 - Street Name Change "Cook Circle"
to Roy Way
7. NEW BUSINESS
~ a. Planning Commission Training Needs Survey
8. OLD BUSINESS
a. Resolution PZ 92-26: Rezone - See
(Tabled for one year from 10/14/92)
9. CODE ENFORCEMENT ITEMS
a. Quandt Property
b. University of Alaska Property (off Beaver Loop)
10. REPORTS
a. City Council
b. Borough Planning
c. Townsite Historic Task Force
d. City Administration
11. PERSONS PRESENT NOT SCHEDULED
12. INFORMATION ITEMS
1. Landscape/Site Plan Memo - Council Response
13. COMMISSION COMMENTS & QUESTIONS
14. ADJOURNMENT
RENAI PLANNING & ZONING COMMISSION.
December 23, 1992 - 7:00 P.M.
City Hall Council Chambers
Chairman Art Graveley
***MINUTES***
1. ROLL CALL
Present: Duane Bannock, Phil Bryson, Carl Glick, Ron Goecke
Art Graveley, Paul Hanson
Absent (excused): Kathy Scott
Also Present: Jack La Shot, City Engineer
Loretta Harvey, Administrative Assistant
2. APPROVAL OF AGENDA
Graveley noted that under Item 5c the Resolution number in the
packet should be PZ 92-39 not PZ 92-38. So noted.
MOTION AND VOTE:
Bryson MOVED approval of agenda as amended and asked for unanimous
consent. Goecke SECONDED. MOTION PASSED by UNANIMOUS CONSENT.
3. APPROVAL OF MINUTES - December 9, 1992
MOTION AND VOTE:
Bryson MOVED approval of agenda as amended and asked for unanimous
consent. Goecke SECONDED. MOTION PASSED by UNANIMOUS CONSENT.
4. PERSONS PRESENT SCHEDULED TO BE HEARD
5. PUBLIC HEARINGS
a. Resolution PZ 92-34: Carr's Sign Variance
PUBLIC HEARING - ***VERBATIM***
Paul Carr - my address is 6461, Reed Lane, Anchorage 99502. I'll
put it down here. The request before you this evening is modified
from the last presentation or request that we had made before this
body. We've reduced the main reading sign. We've redesigned it
and it will be reduced to 154 s.f which is in compliance with your
municipal sign ordinance. So we're not asking for any variance
relative to the size or the placement of that sign. What we are
asking for is for a variance to put a directional entrance
identification sign along the Kenai Spur highway. I assume you
received a copy of my letter of December 2nd to Mr. La Shot
explaining that. I would also like to clarify there's an error in
that letter where I said that the sign would be 27 s.f. actually
the sign as submitted to you is actually for 36 s.f., not 27.
Also, as I said in this letter, we view this as a safety entrance
sign. I would point out that during the plat review the driveway
accesses and entrances were acceptable in plat review. They've
been permitted by the Department of Transportation and Public
Facilities, there has been no objection in relation to the use or
RENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meetinq
Page 2
restriction of those. We feel that it would facilitate traffic
movement and a safety feature into the center, whereas people
coming from either direction they know they have the alternatives,
and/or the chance to lessen traffic congestion at one of the turn
points. It facilitates safety all along the highway. That's
basically the request, a variance for a second sign 36 s.f. in
nature and I'd be happy to answer any questions.
Hanson - you said that the main sign has been altered as such that
it complies with the 154 s.f. I don't have, in my packet, any
example of what that alteration would look like. Would you care to
describe.
Carr - the alteration as I understand it has been by the reduction
in the height of the sign by three to four inches.
Hanson - and than on the entrance sign you're requesting, the 36
s.f. entrance sign, have there been any changes to that sign
besides what I have in my packet?
Carr - no there have not.
Hanson - If the intent of the sign is to be an entrance sign, to
facilitate traffic I'd like to know why the word Carrs is larger
than the word entrance?
Carr - I wished I had, Mr. Chairman, I wish I had brought a visual
of that. I was going to and the light got away from me. It's the
typical sign, a white lit background with the colored Carr's and of
the word entrance incorporated in the arrow. There standard signs
that we've used in all the other centers. it appears to meet the
needs, I think the shape, the diagonal of the sign adequately
points it out. It's the motif and the design that's been used for
years. And it seems to help work.
Hanson - there's an arrow?
Carr - no, not an arrow, but the configuration of the sign helps
facilitate that, you know, this is the point. There was, and I
don't see it on this, but there was a sign, Mr. Chairman there was
a sign, that we'd utilize the entrance portion of this and an arrow
outline on that. I cannot tell you that that is the way this sign
is designed. I can tell you that we can make it that way. We've
done it that way before. The one that comes to mind is our center
on Jewell Lake in Anchorage.
Hanson - well I guess my concern is that, of this 36 s.f. it looks
like a very small percentage of that is being used as an entrance
sign. The majority of it is being used to describe Carr's super
foods, super drug, open 24 hours, which is, or should be, on your
main sign.
Carr - that's a comment I have no response too.
Hanson - would you care to comment on my comment?
KENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meetinq
Page 3
Carrs - again I reiterate that this is what they've had in the
past. It's what's been successful. It's worked I believe in years
past they even ran it by DOT, Department of Transportation. And
they had no objection or no comment, and I don't know that, and to
be honest I can't see where they're in a position of commenting.
So it may be just fine, do it. I can't respond to that.
Graveley - Any other questions? Mr. Glick?
Glick - By putting this entrance sign in are you attempting to
establish a traffic flow that the other, where the big sign is will
be the exit than?
Carr - No, what we're trying to do, Mr. Chairman, excuse me, I
don't see names in front of you there so I'm at a loss here. Mr.
Chairman, what we're trying to do is to facilitate overall
circulation and a safety feature into this so it's clearly
identified so that there is another entrance. The driveway now
accommodates both ingress and egress. It was, I think it is close
to 36 feet in width. Now, maybe right now, when I look at it, the
last time I was here and again this evening, it might be the ground
is frozen, and the snow is making it look wider then it is, but
that's about what I pace it off as. As I said before, the people
on the Spur highway, obviously the people coming to make a right
turn in, it's not much of a problem, it's basically a free right in
at either entrance. It would the people wanting to make the left
out or the left in and if we can help split the traffic pile up, or
disperse that, over the site distance there we'll eliminate some
confusion in stacking and people trying to get in and around cars.
They'll have another option there. We'd like to identify that
option to facilitate traffic flow.
Graveley - anymore questions for Mr. Carr? Thank you sir.
Carr - Thank you.
Graveley - are there any other
would like to speak on Resolutio
at this time. Seeing none we'll
Hearing and bring it back before
this on the table for discussion.
individuals from the public who
n PZ 92-34: Carr's Sign Variance
close this portion of the Public
the Commission. I'd like to get
Mr. Bannock?
MOTION:
Bannock I MOVE for approval of Resolution PZ 92-34. Goecke
SECONDED.
***DISCUSSION***
Graveley - Open for discussion. Mr. Bannock?
RENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meetinq
Page 4
Bannock (passed out copies of sign design) - I'm supporting this
resolution tonight for several different reasons. First off, it
has been shown me clearly how inadequate our existing sign
ordinance is. The numbers of 81 s.f. and 154 s.f. seem to be
purely arbitrary, no rhythm or reason. I've talked to former
Mayors about these numbers where they cam from. There is no set
purpose to those numbers. Even the Welcome to Kenai sign, which
you have in front of you, it's on the Spur highway, exceeds the
maximum size. As you will notice the sign does not include the
base, nor does it include the top. It says Kenai All America City.
Some people have said the sign is just too big for an All America
City, but what does the biggest sign in Kenai say? Welcome to
Kenai, All America City. Some people here say, everyone already
know where Carr's is. Again, why do we spend thousands of dollars
announcing where Kenai is? It's on every map.
Weeks ago, during a work session, on the sign ordinance, the
consensus was that the existing sign ordinance was fine. After
all, when the need for a larger sign arose and we knew that it
would, we have a variance mechanism to solve that problem. If we
refuse this request, what grounds do we base it on? Is an extra 29
feet okay for the City, but 36 is not okay for this applicant?
Based on the vague assumption it's just too big? Who than will
qualify for a variance, if the largest facility in Kenai cannot?
Why have it on the books than? We obviously have no intention of
using it. Now variance should not be confused with a special favor.
It is part of the law. Many good people and businesses have one.
many need one. In the past few weeks I've paid closed attention to
signs in Kenai and while I respect business owners who choose not
to have large signs, I would hope that they could understand Carr's
wishes as well. Thank you.
Graveley - Thank you Mr. Bannock. This diagram that you gave us,
does this particular sign have a permit or a variance on it, do you
know?
Bannock - I asked our secretary about that a couple of weeks ago
and it's my recollection that no variance permit was ever approved.
Graveley - Jack do you know?
La Shot - I don't think so.
Graveley - than it has none?
La Shot - no.
Graveley - any other discussion. The other prospect for signs for
Carrs, and I go along with what Mr. Bannock has stated and I want
to drive home another fact that I don't want people to overlook.
Carr's sits back off the road. Yes, everybody on the Kenai
Peninsula probably knows where Carrs is, however, looking at the
plat of that area and the proposed possibilities of Pad D, Pad C,
and Pad B Carrs can, sometime down the road, be obscured by other
buildings out along the frontage, the main highway. So keep that
in mind too when you're making your decision. Mr. Glick?
RENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meeting
Page 5
~ Glick - well I've given this a lot of thought over the last month
and a half that we've been looking at this. A couple things come
to mind. First of all, we have had numerous objections to giving
a variance, only one letter that I recall was a non-objection.
We've had quit a few people come and testify from the Chamber and
businesses around the city that object to it. Also think about
where Carrs was located before. They had one sign that wasn't as
exposed as the new one here would be, because of NBA's bank
building and the trees there. It was kinda hidden from either
direction, also there were no entrance signs into that mall and yet
there were three entrances off the main highway, one off Willow and
one off Main Street Loop, none of those had entrance signs.
Maybe I wouldn't be so opposed to this if it just said entrance
even, but it's also an advertising sign as well. In light of all
that I guess I have a hard time going along with this. The other
thing I think I need to talk about here is that I agree with Duane
that it's not right for the City to put in a sign that doesn't meet
our sign ordinance than turn down private businesses, but that's in
the past, it's been done and we can't change it.
Graveley - further discussion?
Bryson - for the record, I will be abstaining from this item due to
conflict.
Graveley - Mr. Bannock.
Bannock - Mr. Chairman I would like to make an amendment to the
original motion. I would like to move that this permit be granted
based on two things. Number one the revocation of their existing
sign permit and number two the removal in full of the old sign at
the old Carr's location.
Graveley - does that concur with Mr. Goecke who made the second.
Goecke - Yes.
Graveley - further discussion? Mr. Bryson.
Bryson - I'd like to make a statement this is directly related to
his amendment, it's not in reference to the proposal. I believe
it's on a different site and it's a different business. It may be
the same corporate owner but it's a different parcel and it's
conforming at this time and I don't see how you can tie one to the
other.
Graveley - Mr. Bannock do you wish to reconsider.
Bannock - not really because I don't personally, even though I
totally agree with Mr. Bryson, I don't see why, because in the
~ people that I talked too, the reason I brought this up, is in the
people that I talked to in the last couple of weeks, two people
have brought that to my attention. It's an ugly sign, that is an
ugly sign there is no way anybody can get around that. it's an
ugly sign that advertises an empty building. And it needs to go
RENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meetinq
Page 6
~ away. And I think that would be a good encouragement for Carrs to
make it go away a little quicker than just removing the panels out
of it. So although I believe that Mr. Bryson might be totally
correct in that they wouldn't have to I would like to make them
have to, if I can do that.
Graveley - further discussion? Seeing none, we'll call for
question. This is on Resolution PZ 92-34 as amended by Duane
Bannock.
Glick - We're voting on the amendment or on the main motion?
Graveley - on the amendment. The amendment that Mr. Bannock
stated, so that we're all correct is: 1) to remove the old
existing sign in front of the old Carrs building; and .
What was the other part Mr. Bannock?
Bannock - to revoke the sign permit for Carr's previous permit.
There may not be one there, its's been there a long time. A permit
that is.
Graveley - is that correct? Okay.
VOTE - AMENDMENT:
Bannock: Yes Glick: Yes Graveley: Yes Goecke: Yes
Hanson: Yes Bryson: Abstain
MOTION PASSES UNANIMOUSLY. ONE ABSTENTION.
Graveley - now we will vote on the main motion which is the Sign
Variance as in your packet.
VOTE - MAIN MOTION:
Bannock: Yes Glick: No Graveley: Yes Goecke: Yes
Hanson: No Bryson: Abstain
MOTION FAILS. ONE ABSTENTION.
Graveley - Motion passes, Mr. Carr, if you will .
Glick - point of order, I don't think that motion passed.
Graveley - you're right, it doesn't have a quorum. Motion fails.
Mr. Carr you may appeal to the City Council, is that correct Mr.
Smalley?
Smalley - yes, you'll have to check with the secretary to get the
procedures and the process. To try to get it on our next Council
agenda it would have to be in by next .
Harvey - I think next Wednesday, because we have short work weeks,
due to the holidays.
Carr - and when would that meeting be?
RENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meeting
Page 7
~ Smalley - that would be the 6th of January.
Carr - Mr. Chairman if I would have the appeal in by next Wednesday
in theory, the more quickly it would make the agenda?
Smalley - Correct, the two things you may wish to appeal are the
amendment, well of course that failed. The amendment passed, but
the main motion failed. So it would be just the main motion.
Carr - thank you very much for your time, Mr. Chairman if I may.
you may not like this, but from my point of view, I'm glad to see
that I'm not the only thing on the agenda to bring you out for the
meeting a couple of days before Christmas.
***END VERBATIM***
b. Resolution PZ 92-38: Oiler's Variance
La Shot - reported that the building on lot 5B was in the process
of being demolished. The building on lot 5A would be on the
property line. The new lot 5B would be smaller than the minimum
7200 s.f. The variance would be for a relaxation of minimum lot
size for Lot 5B, and the encroachment is required for the building
to remain in the setbacks in Lot 5A. La Shot recommended approval
as it would improve the situation in both instances.
Graveley - opened the meeting to the Public Hearing portion.
***PUBLIC HEARING - VERBATIM***
Coral W. Seymour - 1101 First Street, Kenai, Alaska. Basically the
only reason we are here to answer any questions that might come up.
The reason that we have applied for this varaiance is so that the
present owner of lot B that was referred too, will go ahead
and he has consented to the changes as they have been presented so
we can go ahead and buy the building. We've exchanged property
where the present building setting on his prior property as it is
indicated from the earlier survey. So if any of you have any
questions we'd be glad to answer them.
Hanson - which lot do you own, 5A or 5B?
Seymour - we don't own either one of them. We're trying to buy Lot
5 A.
Hanson - And both the owners of Lot 5A and 5B agree with this plat.
Seymour - both owners agreed to the changes as presented, so the
sale can be expediated.
Graveley - are there any persons who would like to speak on this
item at this time?
***END VERBATIM***
RENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meetinq
Page 8
~ MOTION AND VOTE:
Glick MOVED approval of Resolution PZ 92-38. Bryson SECONDED.
Bannock: Yes Glick: Yes
Hanson: Yes Bryson: Yes
MOTION PASSED UNANIMOUSLY.
Graveley: Yes Goecke: Yes
c. Resolution PZ 92-39: Gensel Conditional Use Permit
La Shot - reported that this facility would be on City leased land.
The Commission had approved the lease at a previous meeting. The
applicant was in attendance to answer Commission questions.
Graveley - opened the public hearing. Seeing no one who wished to
testify the item was brought back to the Commission.
MOTION AND VOTE:
Bryson MOVED approval of Resolution PZ 92-38. Glick SECONDED.
Bannock: Yes Glick: Yes
Hanson: Yes Bryson: Yes
MOTION PASSED UNANIMOUSLY.
Graveley: Yes Goecke: Yes
6. PLANNING
a. Resolution PZ 92-36 - Ikaika S/D Preliminary Plat
This item had been carried forward from the previous meeting due to
the lack of a quorum.
MOTION:
Glick MOVED approval of Resolution PZ 92-36: Ikaika Subdivision.
Hanson SECONDED.
La Shot reported that this was a plat that split one lot into two
smaller lots. Any existing buildings should be shown on the plat
before finalized.
Graveley asked if the reduced lots would be within the minimum lot
size for this area.
La Shot said both lots would be.
VOTE:
j Bannock: Yes Glick: Yes Graveley: Yes Goecke: Yes
Hanson: Yes Bryson: Abstain
MOTION PASSES UNANIMOUSLY. ONE ABSTENTION.
KENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meetinq
Page 9
b. Resolution PZ 92-40 - Oilers Addition
La Shot explained this would be the plat which results from the
approval of the variance/encroachment of the Oilers Building,
Resolution PZ 92-38. The building would actually be on the lot
line.
MOTION:
Hanson MOVED approval of Resolution PZ 92-40: Oilers Addition.
Glick SECONDED.
c. Resolution PZ 92-41 - Street Name Change "Cook Circle"
to Roy Way
MOTION AND VOTE:
Goecke MOVED approval of Resolution PZ 92-38. Glick SECONDED.
Bannock: Yes Glick: Yes
Hanson: Yes Bryson: Yes
Graveley: Yes Goecke: Yes
MOTION PASSED UNANIMOUSLY.
7. NEW BUSINESS
a. Planning Commission Training Needs Survey
Hanson and Glick expressed interest in attending this training
session and prioritized the subjects they would like included in
the session.
8. OLD BUSINESS
a. Resolution PZ 92-26: Rezone - See
(Tabled for one year from 10/14/92)
9. CODE ENFORCEMENT ITEMS
a. Quandt Property
b. University of Alaska Property (off Beaver Loop)
La Shot reported that some clean-up has begun on this property.
This situation will continue to be monitored by Administration.
10. REPORTS
a. City Council
Smalley reported on agenda items including:
A decision has been reached by the court on the Inlet Woods case.
j The City has been awarded 1.3 mil. The case will probably be
appealed. The City Attorney did an excellent job representing the
City.
RENAI PLANNING AND ZONING COMMISSION
December 23, 1992 - Meetinq
Page 10
The Council had discussed giving the Landscaping Review Board
duties back to Planning and Zoning. The City Attorney is in the
process of redrafting that portion of the code to facilitate this.
b. Borough Planning
Bryson reported that Hollier and Ikaika Subdivisions had been
reviewed and approved at the Borough level.
The Corps of Engineers recently denied the placement of buoys in
the Kenai River. This is the first time such a request has been
denied.
c. Townsite Historic Task Force
Goecke reported that a draft ordinance had been given to the City
Attorney and Administration for review.
d. City Administration
La Shot reported that he and the City Attorney had begun review of
the TSH Draft Ordinance and thought that the Task Force had done a
good job on this initial draft.
11. PERSONS PRESENT NOT SCHEDULED
12. INFORMATION ITEMS
13. COMMISSION COMMENTS & QUESTIONS
Bannock - Mr. Chairman, pursuant to KMC 14.20.220 Section (d) I
would like to file a complaint regarding the City of Kenai sign
located in Baron Park Subdivision based on non-compliance of size.
Graveley regretfully informed the Commission that due to added job
responsibilities he would have to resign from the Board. He gave
a letter of resignation to Harvey and asked her to submit it to the
City Clerk.
Smalley thanked Graveley for his dedication to the Planning and
Zoning and the City of Kenai. The Commission concurred.
14. ADJOURNMENT
There being no further business the meeting was adjourned at
approximately 8:25 p.m.
Respectfully submitted,
orett Har y, Transcribing Secretary
l PLANNING AND ZONING COMMISSION
1992
DATE : /Z ~ 3 9 Y'~
°~(
v
,~ ~~ ` ~
~~ ~ ~ y o
Duane Bannock ~ ~
Carl Glick X ~ )
Art Gravele ~
Ron Goecke '
~ i
Kath Scott
Phil Br son ry
Councilman Hal Smalle
TO DO LIST:
__----
NOTES: